Garcia v. Horel Doc.

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Case 3:07-cv-03669-JSW Document 4 Filed 07/26/2007 Page 1 of 2

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3 IN THE UNITED STATES DISTRICT COURT
4 FOR THE NORTHERN DISTRICT OF CALIFORNIA
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6 MIGUEL GARCIA JR., ) No. C 07-3669 JSW (PR)
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7 Petitioner, )
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8 vs. ) TRANSFER ORDER
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9 R. A. HOREL, Warden, ) (Docket No. 2)
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10 Respondent. )
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Petitioner, a state prisoner incarcerated at Pelican Bay State Prison in Crescent
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City, California, has filed a petition for a writ of habeas corpus seeking review of his
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criminal conviction from Fresno County, which lies within the venue of the Eastern
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District of California. See 28 USC § 84(b). Venue is proper in a habeas action in either
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the district of conviction or the district of confinement, see id § 2241(d). However,
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federal courts in California traditionally have chosen to hear petitions challenging a
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conviction or sentence in the district of conviction. See Dannenberg v. Ingle, 831 F.
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Supp. 767, 767 (N.D. Cal. 1993); Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal.
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1968).
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Therefore, the Court ORDERS that pursuant to 28 USC § 1404(a) and Habeas LR
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2254-3(b), and in the interest of justice, the Clerk of the Court shall TRANSFER this
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matter to the United States District Court for the Eastern District of California. In light
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of the transfer, this Court will not resolve Petitioner’s pending motion (docket no. 2).
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IT IS SO ORDERED.
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DATED: July 26, 2007 _______________________
27 JEFFREY S. WHITE
United States District Judge
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Dockets.Justia.com
 Case 3:07-cv-03669-JSW Document 4 Filed 07/26/2007 Page 2 of 2

1 UNITED STATES DISTRICT COURT

2 FOR THE

3 NORTHERN DISTRICT OF CALIFORNIA

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MIGUEL GARCIA JR., Case Number: CV07-03669 JSW
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Plaintiff, CERTIFICATE OF SERVICE
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v.
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R.A. HOREL et al,
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Defendant.
10 /

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
12 Court, Northern District of California.

13 That on July 26, 2007, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing
14 said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.
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17 Miguel Garcia
P70850
18 P.O. Box 7500
Crescent City, CA 95532
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Dated: July 26, 2007
20 Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk
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